STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION NO. 91-3
Question
Is it proper for a District Court to appoint a lawyer who is currently
employed as an assistant Attorney General and whose work with that office
consists of prosecuting civil commitment cases pursuant to the Community
Protection Act to sit as a pro tem judge in that District Court?
Would the opinion be different if that lawyer's prior employment was
as a deputy prosecuting attorney, and the first year of that service was in
the District Court to which the pro tem appointment will be made?
Answer
The Code of Judicial Conduct does not prohibit a District Court judge
from appointing an assistant attorney general or former deputy prosecuting
attorney to serve as a pro tem judge. However, there may be instances in
which it would be appropriate for the pro tem judge to disclose to the
parties and their attorneys the present or former employment relationships
if a reasonable person would feel that it is relevant to the issue of
disqualification.